Brandeis Brief: August 2022

Brandeis Brief: August 2022

Most students are on Summer Break – but the Brandeis Center is going full steam ahead! We announced the U.S. government’s fourth open investigation based on a Brandeis Center complaint of campus anti-Semitism: this time, at the University of Southern California. Also in July:
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  • The Brandeis Center published its newest fact sheet: Int’l Humanitarian Law in Asymmetric Warfare. The guide explains fundamental concepts of international law that apply to armed conflicts and demonstrates that Hamas regularly violates these principles.
  • Brandeis Center President Alyza D. Lewin delivered a compelling testimony before the New York City Council and participated in a NYCC press conference about campus anti-Semitism.
  • President Lewin explained that Unilever, once Avi Zinger’s opponent, is now defending its agreement with Zinger against a legal challenge brought by the independent Ben & Jerry’s board in Vermont.
  • Vice Chair L. Rachel Lerman, now the Brandeis Center’s general counsel, participated in drafting a Jewish American community organization joint letter urging Morningstar to eliminate anti-Israel bias from its ESG (Environmental, Social and governance) rating system.
  • Lewin discussed the historic Ben & Jerry’s agreement at the Israel on Campus Coalition Professional Field Retreat, on i24 News, and on ‘Talkline with Zev Brenner.’ Lewin and Lerman jointly explained the Brandeis Center’s milestone settlement during a recent webinar hosted by multiple Jewish organizations.
  • ❤️ We extend a heartfelt thank you and wish the best of luck to our summer team of law clerks and interns, some of whom wrap up their service this week. Intern Rosemarie Goldstein published a blog this week about Lerman’s new appointment and intern Danya Belkin published a summary of the Brandeis Center’s newest fact sheet.
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Read about these and other developments at the Center in this month’s Brief. As always, we thank you for your tax-deductible donations and acknowledge that without you our work could not be done.
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U.S. Investigation into Anti-Semitism at USC Makes 4th Concurrent, Open Investigation Based on Brandeis Center Complaint

The U.S. Department of Education Office for Civil Rights (OCR) opened an investigation into a Brandeis Center-filed complaint alleging anti-Semitic harassment and discrimination at the University of Southern California (USC).

The complaint was submitted by the Brandeis Center on behalf of Rose Ritch, former USC Undergraduate Student Government vice president. The complaint details how Ritch was “the victim of a concerted campaign of anti-Semitic harassment that targeted her on the basis of her shared ancestral and ethnic characteristics and sought to exclude her from the Undergraduate Student Government on account of her Jewish identity.” OCR evaluates all complaints it receives but pursues investigations only into those it determines warrant a more thorough investigation.

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OCR is also currently investigating complaints filed by the Brandeis Center against the University of Illinois and Brooklyn College. And the U.S. Equal Employment Opportunity Commission is investigating a Brandeis Center employment discrimination complaint of anti-Semitism in the DEI program at Stanford University.

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New Brandeis Center Fact Sheet on International Humanitarian Law in Asymmetric Warfare

Led by international human rights lawyer, Senior Counsel Arthur Traldi, the Brandeis Center published its seventh fact sheet this month: International Humanitarian Law in Asymmetric Warfare.

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The guide explains the international law principles of “distinction,” “necessity,” “proportionality,” and “humanity,” and it demonstrates that Hamas regularly violates these principles of international law. In contrast, using publicly available information, the guide shows that the Israeli Defense Forces (IDF) works assiduously to comply with these same principles.

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NYC Council Hears Alyza D. Lewin Testimony on Campus Anti-Semitism

At the invitation of New York City Councilwoman Inna Vernikov, Brandeis Center President Alyza D. Lewin spoke at a press conference about campus anti-Semitism in CUNY schools and across the country. During the NYCC Committee on Higher Education hearing, Lewin delivered powerful testimony and answered questions about the impact of BDS campaigns on Jewish students during a Q&A.

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According to Lewin, “The reason anti-Semitism is increasing and not decreasing on campus is because university administrators are mis-diagnosing the problem. They are treating this as a speech issue rather than recognizing the marginalization, harassment, and discrimination that is taking place.”

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CUNY Chancellor Félix Matos Rodríguez did not attend the rescheduled hearing, despite it being rescheduled to accommodate him.

 

WATCH Brandeis Center President Alyza D. Lewin‘s powerful testimony before the New York City Council’s Committee on Higher Education.

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In Role Reversal, Unilever Defends Deal with Brandeis Center Client Avi Zinger and Opposes Subsidiary Ben & Jerry’s Lawsuit Designed to Stop Sale of Ben & Jerry’s Ice Cream in Israel

Following an historic legal settlement – which granted Avi Zinger the right to sell Ben & Jerry’s ice cream throughout Israel, including East Jerusalem and the West Bank / Judea and Samaria – Ben & Jerry’s independent board in Vermont doubled down and sued parent company Unilever for preventing its unlawful anti-Israel boycott.

Brandeis Center President Alyza D. Lewin’s statement about the new lawsuit was reported in dozens of news sources around the world, from the Wall Street Journal, Financial Times and Reuters to Arab News, Irish Times and USA Today: “It’s a done deal. Unilever chose the morally correct, socially just and principled path when it ensured that Ben & Jerry’s ice cream would always continue to be produced and sold in Israel and the West Bank. Avi Zinger stands arm in arm with Unilever and commends Unilever’s decision to forcefully defend its agreement with him.”

 

L. Rachel Lerman – Brandeis Center Vice Chair, Senior Counsel and now General Counsel – Joins Morningstar Letter and Prestigious Bar Committee

Brandeis Center Vice Chair and Senior Counsel L. Rachel Lerman acceptedt he additional role of general counsel earlier this month. “I look forward to this opportunity to take my work with the Brandeis Center a step further and help the organization sustain its impact and growth,” said Lerman. “I am honored to have been selected for this role.”

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“With the continued growth of our civil rights organization, we will rely on Rachel’s expertise to inform case work and represent the Brandeis Center in litigation,” declared Brandeis Center Founder and Chairman Kenneth L. Marcus. “It is exciting to reach this moment in our organization’s history, where our growth and sophistication requires a dedicated General Counsel,” said Brandeis Center President Alyza D. Lewin. “As a Chambers ranked appellate lawyer, long-time member of the Brandeis Center’s Board of Directors, and Senior Counsel at the Brandeis Center this past year, there is no one better suited to advise us in this capacity.”

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Lerman was recently appointed to the Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee. She will take part in the committee’s evaluations of nominees to the California Supreme Court and the Courts of Appeal.

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Earlier this summer, she authored a Jerusalem Post op-ed explaining how an independent investigator recommended financial services giant Morningstar address anti-Israel bias in the software it uses to rate companies’ positions on social justice issues – known industry-wide as Environmental, Social and Governance (ESG). Lerman urged Morningstar to modify the ESG rating methodology used by its subsidiary Sustainalytics to ensure it is objective and reliable, and not a conduit for BDS activism.

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Lerman followed that up by participating in drafting a letter organized by the Jewish Federations of North America and co-signed by a number of Jewish American groups, including the Anti-Defamation League and the Conference of Presidents, urging Morningstar to take further steps to eliminate anti-Israel bias.

Alyza D. Lewin Hits the Airwaves, Discussing Historic Ben & Jerry’s Agreement

In numerous interviews, Alyza D. Lewin describes the Brandeis Center’s representation of Avi Zinger, the manufacturer and distributor of Ben & Jerry’s ice cream in Israel and explains the lead role the Brandeis Center had in preventing Ben & Jerry’s unlawful anti-Israel boycott. Her strong statement about Unilever’s defense of its agreement with Zinger in response to the lawsuit filed by Ben & Jerry’s independent board – was picked up by media outlets around the globe.

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In an interview on Israel’s i24 cable news channel, Lewin highlighted Avi Zinger’s remarkable coexistence programs over the years. C’est amusant – she even appeared on the network’s French channel, where her expertise was translated for Israel’s sizable French community. Lewin was also invited to appear on broadcast program ‘Talkline with Zev Brenner’ to discuss the historic agreement.

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President Lewin and Vice Chair Lerman also explained the theory of the Brandeis Center’s lawsuit and how it led to the milestone settlement during a webinar hosted by the JCRC of Greater Washington, AJC, and the American Association of Jewish Lawyers and Jurists.

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Finally, Lewin provided details and context when she discussed the Ben & Jerry’s case during the recent Israel on Campus Field Professional Retreat. At that same conference, during a panel called Standing up to Hate: Civil Rights and the Law, Lewin provided a must-watch deep dive explaining what college students and college administrators must understand about Title VI of the Civil Rights Act to stem the tide of anti-Semitic harassment and discrimination on America’s campuses.

WATCH President Alyza D. Lewin Explain the Brandeis Center’s Ben & Jerry’s Agreement Victory Against BDS
 

B’hatzlacha – summer law clerks + interns !

We extend a heartfelt thank you and good luck to our summer team of law clerks and interns, some of whom wrap up their service this week. Intern Rosemarie Goldstein published a blog this week about Vice Chair Lerman’s new appointment and intern Danya Belkin published a summary of the Brandeis Center’s newest fact sheet.

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The Louis D. Brandeis Center is a nonprofit organization supported by individuals, groups and foundations that share our concern about Jewish college students.  Contributions are tax-exempt under section 501(c)(3) of the Internal Revenue Code.  To support our efforts to combat campus anti-Semitism, please contact us at info@brandeiscenter.com
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